BILL NUMBER: AB 2071	CHAPTERED  09/08/00

	CHAPTER   338
	FILED WITH SECRETARY OF STATE   SEPTEMBER 8, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 6, 2000
	PASSED THE ASSEMBLY   AUGUST 25, 2000
	PASSED THE SENATE   AUGUST 24, 2000
	AMENDED IN SENATE   AUGUST 10, 2000
	AMENDED IN ASSEMBLY   APRIL 4, 2000

INTRODUCED BY   Assembly Member Briggs

                        FEBRUARY 22, 2000

   An act to amend Sections 6027.5 and 6029 of the Food and
Agricultural Code, relating to pest control, and making an
appropriation therefor.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2071, Briggs.  Pest control:  vertebrate pests.
   Existing law, which is to be repealed on January 1, 2001, requires
the Secretary of Food and Agriculture to establish and administer a
research program to control vertebrate pests that pose a significant
threat to the welfare of the state's agricultural economy and the
public.  Existing law imposes a state-mandated local program by
requiring county agricultural commissioners to pay an assessment on
the vertebrate pest control materials sold, distributed, or applied
by the county for vertebrate pest control purposes.  Existing law
also establishes the Vertebrate Pest Control Research Account in the
Department of Food and Agriculture Fund and continuously appropriates
the money in the account to the secretary for purposes of the
program.  Under existing law, commencing with the 1997 calendar year,
the secretary is authorized to set a different level of assessment
in the amount necessary to provide revenue for a specified purpose.
   This bill would continue that existing law beyond January 1, 2001,
by extending that repeal date to January 1, 2006, thereby imposing a
state-mandated local program, and continuing in effect a
continuously appropriated fund.  The bill would limit the sale of
vertebrate pest control material to sales by the county commissioner
or as authorized by the secretary.  The bill also would specify that
when the secretary sets a different level of assessment, the new
level of assessment may only commence at the beginning of the
subsequent calendar year.  The bill would make related changes.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Appropriation:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 6027.5 of the Food and Agricultural Code is
amended to read:
   6027.5.  During the calendar year, each commissioner shall pay to
the secretary a fee not to exceed fifty cents ($0.50) per pound of
vertebrate pest control material sold, distributed, or applied by the
county for vertebrate pest control purposes.  No assessment shall be
imposed on the sale or on the distribution of vertebrate pest
control material by a county agricultural commissioner to another
commissioner.  Vertebrate pest control material registered by the
secretary may only be sold or distributed by a county agricultural
commissioner or as authorized by the secretary.
   The secretary may set a different level of assessment in the
amount necessary to provide revenue for the vertebrate pest control
research projects carried out pursuant to this article only if the
secretary, at a minimum, has consulted with the Vertebrate Pest
Control Research Advisory Committee.  The new level of assessment may
only commence at the beginning of the subsequent calendar year.
However, the assessment shall not exceed one dollar ($1) per pound of
vertebrate control material sold, distributed, or applied by the
county for vertebrate pest control purposes.  To assist the advisory
committee in making its recommendations, the department shall submit
a progress report to the members of the advisory committee at least
30 days prior to each meeting of the advisory committee.  The report
shall include, but is not limited to, data on research that has been,
or is proposed to be, conducted and statements regarding the
necessity for that research.  This section does not preclude the
department from preparing and distributing additional reports that
may be requested by the advisory committee.
  SEC. 2.  Section 6029 of the Food and Agricultural Code is amended
to read:
   6029.  This article shall remain in effect only until January 1,
2006, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 2006, deletes or extends
that date.
  SEC. 3.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
